Texas Justices Float Changes to Docket System, High Court Briefs

The Texas Supreme Court is now just months away from making all pretrial hearings in district court cases stay with the same judge, while ending its own practice of requesting merits briefing before deciding whether to review a decision.

Moving past a discussion phase that began earlier this year, the high court Oct. 24 announced preliminary changes.

Barring further tweaks that come from a public comment period, judges will generally be responsible for a case from start to finish. This largely eliminates a central docket system used in Bexar and Travis counties where hearings are assigned to any number of judges based on availability.

Though the system’s defenders say it leads to quicker hearing settings, critics including Chief Justice Jimmy Blacklock of the supreme court say it shields judges from accountability and leaves parties feeling frustrated if a judge is unfamiliar with a long-running case.

Judges under the proposed rules can ask another judge to sit for a hearing but the initial judge will retain ownership of the case.

The changes, which Blacklock made a priority upon taking over as the court’s top justice in January, are to take effect July 1. Members of the public can offer input until March 1.

In January, the court is set to request full merits briefing only in cases where it firsts grants a petition to review. The change—another Blacklock priority—aligns Texas with most other states that don’t turn to merits until the case is accepted.

The initial petition must now include an introduction of no more than 1,000 words summarizing the reasons the court should grant relief.

A response shouldn’t be filed unless ordered by the court, breaking from current rules that give the party an option. The reduction of briefing steps will lead to a reduction in legal costs, Blacklock has said.

The public can weigh in until Dec. 23.

The court’s advisory committee helped craft the proposed changes.

In yet another move, the justices abolisheda decades-old committee that assisted the high court in overseeing the attorney discipline system. The Grievance Oversight Committee, around since 1979, is no longer needed after state lawmakers in 2017 created the Committee on Disciplinary Rules and Referenda and an ombudsman, the justices said.